进口-合同-中英文Word下载.docx

1、1CONCLUSION OF CONTRACT合同综述2PRICE价格3PASSAGE OF TITLE所有权的转移4DELIVERY DATE交货日期5TRANSPORT AND DAMAGE IN TRANSIT运输及其过程中的损坏6PAYMENT付款7WARRANTY担保8RECOURSE IN RESPECT OF WARRANTY CLAIMS BY THIRD PARTIES第三方对担保权力主张的追索权9PRODUCT LIABILITY产品责任10INTELLECTUAL PROPERTY RIGHTS知识产权11COPYRIGHT AND DOCUMENTARY MATERIA

2、L版权与文件资料12PLACE OF PERFORMANCE AND JURISDICTION 2 of 6执行地点及权限 3 of 6DATE1.CONCLUSION OF CONTRACT 合同综述Only orders which are placed or confirmed in writing are valid. We expect to receive the duplicate of ourorder bearing a seal and valid signature by way of order acknowledgment. Changes and additions

3、 includedin the order acknowledgment by the supplier are only recognized if we subsequently consent thereto inwriting. The fact that we accept delivery or make payments does not imply any recognition of the suppliersgeneral terms and conditions of business. On the contrary we regard the performance

4、of the delivery to ourorder by the supplier as recognition of our purchasing terms and conditions, even if the supplier haspreviously expressly contradicted them or made reference to other terms and conditions in his orderacknowledgment.只有书面下达或确认的订单才是有效订单。我们要求对方在订单上签字盖章并返还，以此作为对订单的认可；供货商所作的改动及附加条款，于

5、我们作出书面同意之后方可生效。我们接受货物或进行付款的行为并不表示我们承认供货商进行交易的条款及条件，恰恰相反，我们向那些遵照我们采购条款交货的供货商致谢，即使他们在认可订单时作出与我们相矛盾的条件或另增附注。2. PRICE 价格The price is understood to be fixed and includes all ancillary costs of whatever kind.合同价格理解为固定价格，其中包括各种从属成本。3. PASSAGE OF TITLE 所有权的转移Ownership of the goods passes to us with their de

6、livery to us or to the third party designated by us. The riskof deterioration and loss of the goods lies with the supplier until the passage of title.货物抵达我们或由我们指定的第三方时，其所有权转归我们。在所有权属转移之前，供货商承担货物损坏或遗失的风险。4. DELIVERY DATE 交货日期The dates stated are understood to be the dates of arrival of the goods at t

7、heir destination. Deliveries beforethe agreed date may only be made with our consent. Deliveries arriving too early will either be refused orstored by us at the suppliers expense. In the event of delayed delivery, the supplier will be liable inaccordance with legal provisions. Besides the right to c

8、ompensation, we are entitled to demand a contractualpenalty as follows:订单中规定的日期理解为货物抵达目的地的日期。必须取得我们的同意之后方可提前交货，太早到货将会被拒绝或者由我们贮藏、供货商付相关费用。延迟交货，供货商则必须按照法律规定承担责任。除了有权要求赔偿之外，我们还有权按合同规定要求罚金，具体比率如下：1 week delay 延迟一周: 3%;2 weeks delay 延迟二周: 5%;4 weeks delay 延迟四周: 10% 4 of 65. TRANSPORT AND DAMAGE IN TRANSI

9、T 运输及其过程中的损坏The stipulated means of transport must be used. The supplier is obliged to insure the goods until they arehanded over at the place of performance or destination.必须采用订单内规定的运输方式。在此过程中，供货商必须给货物进行投保，保期至目的地交付为止。Invoiced packaging on loan will not be paid for; it will be returned carriage paid

10、.包装费不单独支付，而是与运费一起支付。The supplier is liable for damage to goods in transit due to inadequate or unsuitable packaging, even if weundertake shipment of the goods to their destination.即便是由我们负责将货物运送目的地，供货商也必须承担在运输过程中因供货商包装不当而损坏的货物。6. PAYMENT 付款Payment will be made within 60 days until the goods are recei

11、ved at their destination, validated, and theinvoice has been presented.于货物抵达目的地、检验合格并出具发票之后 60 天之内支付货款。7. WARRANTY 担保The supplier grants us full warranty of title and quality. The supplier is liable for the faultless condition andfitness of his delivery, both for ordinary applications and for that n

12、otified to the supplier, and for warrantedcharacteristics of the goods. The warranty period is two years and commences with the delivery of the goodsby the supplier. We are not obliged to examine the suppliers goods for defects on delivery, even by way ofspot checks. Defects in the goods can be noti

13、fied at any time during the entire warranty period, before and/orafter processing and/or resale, but they must be reported after becoming apparent. If a warranty case arisesdue to defects in delivery, we have the option of demanding cancellation, price reduction, rectification by thesupplier himself

14、 or a third party or delivery of other goods confirming to the order, with or withoutcompensation in each case. In the process, we can make uniform use of these claims for the order as awhole or apply each of them to a specific portion of the order, if the defects are rectified or a replacementdelivery is made, the two-year warranty period recommences. We must also be compensa