2014.11.02【中译英】The Business Contract (996字)

发表于:2014-11-02 13:56 [只看楼主] [划词开启]

The Business Contract

商业合同

A contract is an agreement which sets forth binding obligations of the relevant parties. It is enforceable by law, and any party that fails to fulfill his contractual obligations may be sued and forced to make compensation, though most contracts do not give rise to disputes'.
合同是用以阐明(贸易)各方需履行的义务的协议。合同是具有法律效益的,因而未履行合同义务的一方可能会被起诉并被迫作出赔偿。不过(通常)多数合同不会引发纠纷
The contract is based on agreement, which is the result of business negotiations. There are two types of business negotiations : oral and written. The former refers to direct discussions conducted at trade fairs or by sending trade groups abroad or by inviting foreign customers. Business discussions through international trunk calls are also included in this category.

合同基于商业谈判(中双方达成)的协议。商业谈判有两种:口头的和书面的。前者是指在商品交易会上或外派贸易团队或邀请外国客户直接进行洽谈。通过国际长途电话进行的商业洽谈也属于这一类。
Written negotiations often begin with enquiries made by the buyers to get information about the goods to be ordered such as quantity, specifications, prices, time of shipment and other terms. An enquiry is made without engagement on the part of the enquirer. In case of a first enquiry, that is, an enquiry sent to an exporter whom the importer has never dealt with, information should be given in the enquiry as to how the name and address of the exporter have been obtained, the business line and usual practice of the importer, etc. so as to facilitate the exporter's work.
书面谈判通常从买方的询盘开始,其目的是为了得到所需货物的信息,例如数量,规格,价格,装运期及其他条款。询盘无需另一方询问者的参与即可形成。比如第一次询盘,是由进口商发送给从未打过交道的出口商,询盘中(应该)包含(进口商如何获得出口商的名字和地址,行业以及出口商的贸易惯例等信息,以便促进出口商的工作。
In response to an enquiry, a quotation may be sent by the exporter which should include all the necessary information required by the enquiry. Sometimes, the exporter may make an offer to an time of shipment and the mode of payment desired in addition to an exact description of the goods including the quantity, quality, specifications, packing, etc. The validity period is indispensable to a firm offer. An offer is considered open until after a stipulated time or until it is accepted or rejected.
回复询盘,出口商可以发送报价,里面应该包含询盘所要求的信息。有时,出口商可能作出发盘,里面包括装运期,(自己)希望的付款方式以及大致的商品描述,诸如数量,质量,规格,包装等。对于一份实盘而言,有效期是必不可少的。通常一份发盘在规定期内或直至被接受/拒绝是有效的。
The offeree may find part of the offer unacceptable and may raise for further discussions his own proposals which constitute a counter-offer. A counter-offer may be made in relation to the price, terms of payment, time of shipment or other terms and conditions of the offer. It is a refusal of the offer which will be invalid and unbinding once a counter-offer is made. The counter-offer thus becomes a new offer made by the original offeree to the original offerer.
受盘人可能无法接受报盘中的某些内容,从而根据自己的提议引发更近一步的商讨,这里便形成了反还盘。反还盘可能与询盘中的价格,付款方式,装运期或其他条款有关。它是对询盘的一种拒绝,(即)一旦作出反还盘,询盘便无效失去了约束力。因此反还盘成了新的询盘,由初始的受盘人发送给初始的发盘人。
Transaction is considered concluded once an offer or a counter-offer is accepted.  A written contract is generally prepared and signed as the proof of the agreement and as the basis for its execution. When the contract is made by the seller, it is called a sales contract, and when made by the buyer, a purchase contract. A sales or purchase confirmation is less detailed than a contract, covering only the essential terms of the transaction. It is usually used for smaller deals or between familiar trade partners.

一旦询盘或反还盘被接受,双方便达成了交易。书面合同的制定和签署通常用来作为协议的证据和执行的基础。卖方制定的合同被称作销售合同,而卖方制作的合同被称为购货合同。一份销售或购货确认书比合同内容简单一些,只涵盖了必要的贸易条款,通常用于小笔买卖或熟悉的贸易伙伴间。
The setting up of a contract is similar to that of a trade agreement or any other type of formal agreements. It generally contains the following items:
商业合同的结构类似于贸易协议或其余任何正式的协议的合同结构。通常包含以下条款:
1. The trie. The type of the contract is indicated in the title such as Sales Contract, Purchase Contract, Consignment Contract" , etc. The number of the contract and the date are given bellow the title to the right side.
1.特定结构。合同的标题体现出合同的类型,例如销售合同,购货合同,寄售合同等。合同编号和日期应当在标题的右下角标出。
2. The contract proper'''. This part includes  the full name and address of the buyer and the seller.  The commodities involved including quantity, quality, specifications, packing , etc.  All the terms and conditions agreed upon such as the price, total amount, terms of payment, transportation, insurance etc. . Indication of the number of original copies of the contract, the languages used, the term of validity and possible extension of the contract.
2.合同主体。这个部分应包含买卖双方的全名和地址。商品信息包括数额,质量,规格,包装等。所有经双方同意的条款细则诸如价格,总数额,支付方式,运输,保险等。并注明合同正本的编号,使用的语言,有效期及合同里可能拓展的内容。
3. The signatures of the contracting parties indicating their status as the seller or the buyer.
3.缔约方的签名以表明买卖双方的身份
4. The stipulations on the back of the contract are constituent parts of the contract and are equally binding upon the contracting parties. These may include the shipping documents required, force majeure, arbitration, claims etc.

4.合同背面的规定条款也是其构成部分,同样对缔约方具有约束力,可能包含对货运单据的要求,不可抗力,仲裁和索赔等。

最后编辑于:2014-11-04 18:36
分类: 英语
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