Professional Documents
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tiếng anh chuyên ngành TCNH
tiếng anh chuyên ngành TCNH
2.
"Subcontractor means any person named in the
Contract as a Subcontractor for a part of the Works or any
person to whom a part of the Works has been subcontracted
with the consent of the Engineer and the legal successors in
title to such person, but not any assignee of any such person
3.
The buyer may, at the buyers option, inspect the
goods prior to shipment. At least 10 days before the actual
delivery date, the seller shall give notice to the buyer, or to
any agent nominated by the buyer, that the goods are
available for inspection. The seller shall permit access to the
goods for purposes of inspection at a reasonable time agreed
by the parties
4.
Theo hp ng ny, cc bn khng c chuyn
quyn v ngha v m khng c s thng nht trc bng
vn bn ca pha bn kia bi v vic chuyn quyn v ngha
v ca cc bn c th gy ra nhng tr ngi cho pha bn kia
5.
Sau khi nhn c thng bo ca bn mua v thit b
c h hng, trong vng 72h bn bn s c trch nhim c
cn b k thut n hin trng tip nhn v gii quyt.
trng hp h hng nh th thit b s c sa cha ti
ni hin trng trong vng 20 ngy lm vic. trong trng
hp h hng nng th bn bn s c phng n x l hiu
qu nht
2:
1.
In no event shall either party be liable to the other or
any third party in contract, tort or otherwise for incidental or
consequential damages of any kind, including, without
limitation, punitive or economic damages or lost profits,
regardless of whether either party shall be advised, shall
have other reason to know or in fact shall know of the
possibility
2.
This Agreement shall be deemed to come into force
on the Effective Date and expire one year after the Effective
Date, unless earlier terminated as provided herein ("Initial
Term). This Agreement will be automatically renewed on a
month-to-month basis after the expiration of the Initial Term
or any mutually agreed subsequent term
3.
Payment shall be made by an irrevocable, confirmed
letter of credit. The BUYER shall open the L/C on or before
8thDecember 2012 on the terms agreed by the parties. The
confirming bank is liable for paying the SELLER
immediately upon his submission of a full set of documents
in accordance with all the terms and conditions of the L/C
4.
Nu Bn thu t vn khng thanh ton trong thi hn
nh tha thun, ngoi tr nhng ha n hoc s tin cn
ang tranh chp, th Bn thu t vn s phi chu trch
nhim tr cho Bn t vn mt khon tin li i vi s tin
qu hn t ngy ht hn thanh ton n ngy thc tr trn c
s t l li sut p dng vi ng Vietnam do Ngn hng
Nh Nc cng b ti thi im thanh ton
5.
Nhng chng t sau y s c chuyn ti ngn
hng ca Ngi mua ngay sau ngy bc hng: Ha n
Thng mi k 03 bn gc; Vn n ng bin sch,
" bc hng ln boong gm mt b y vi t nht 03
bn gc v 03 bn khng thanh ton c, c k v lp
"Theo lnh ca Vietcombank Hanoi; Phiu ng gi 03 bn
3:
1.
The Parties agree to the establishment and
continuance of international telecommunications services
using Internet (including phone to phone calls and fax to fax
calls) in accordance with the terms and the conditions set
forth in this Agreement which shall be collectively referred
to as the "Services
If the buyer fails to make any due payment, the seller may
demand the buyer to provide, within a reasonable tim,
adequate assurance satisfactory to the seller of the due
performance of this contract and may withhold shipment of
any undelivered goods until such assurance is given
5:
1.
The following documents shall be forwarded to
BUYERs bank immediately after loading date: Signed
Commercial Invoice in 03 originals; Clean "Shipped on
Board Ocean Bill of Lading in complete set of at least 03
originals and 03 non-negotiable copies signed and made out
"To order of Vietcombank Hanoi; Packing list in triplicate
2.
SELLER shall make the first shipment within 30 days
from the date SELLER receives notification of an
Irrevocable L/C which has been issued in his favour. All
costs of L/C in Singapore shall be for SELLERs account.
All L/C amendments costs (if any) shall be for BUYERs
account
3.
Trong trng hp chm tr tin (nu c), Ngi mua
s chuyn cho Ngi bn s tin li tnh t ngy xut trnh
chng t n ngn hng ti Singapore ti ngy thc s nhn
c s tin cn n . Li sut s c tnh trn c s li
sut LIBOR (6 thng) cng thm 1.5%
4.
Trong trng hp giao chm khng phi do bt kh
khng c nh ngha trong hp ng ny, ngi bn s tr
mt khon tin coi nh l bi thng tn tht ch khng
phi l pht tng s l 0.1% gi tr hng giao chm trn 1
ngy chm v ln nht l 10% gi phi tr theo iu 10 di
y
6:
1.
If payment of any sum payable is delayed, the
SELLER shall be entitled to receive interest on the amount
unpaid during the period of delay. The interest shall be at an
annual rate three percentage points above the discount rate
of the central bank in the SELLERs country
2.
The Parties agree to the establishment and
continuance of international telecommunications services
using Internet (including phone to phone calls and fax to fax
calls) in accordance with the terms and the conditions set
forth in this Agreement which shall be collectively referred
to as the "Services
3.
In case of delayed delivery except for force majeure
cases, the Seller shall pay to the Buyer for every week of
delay penalty amounting to 0.5% of the total value of the
goods whose delivery has been delayed. Any fractional part
of a week is to be considered a full week. The Seller grants a
grace period of four weeks from the delivery date before
penalties shall be applied
4.
Tt c cc chi ph ngn hng ngoi VN do Ngi bn
chu v tt c chi ph ngn hng ti VN do Ngi mua chu.
Chi ph sa i nu c do bn yu cu sa i tr tr khi th
tn dng c m khng tun theo Hp ng ny
5.
Thanh ton cho ho n thng mi c thc hin
vo hoc trc ngy th ba mi sau khi nhn c hp
ng. Nu ngy th ba mi ri vo ch nht hoc ngy l,
ngy lm vic tip theo s c coi l ngy o hn thanh
ton.
7:
1.
Termination due to default under this Sections shall
be effective thirty days after written notice to the defaulting
Party if the default has not been cured within thirty day
period. Upon termination of this Agreement for any reason,
each Party shall remain liable for those obligations that
accrued prior to the date of such termination.
2.
In case of delay in payment (if any), BUYER shall
remit to SELLER interest calculated from the date of
presentation of documents to the bank in Singapore to the
date of effective receipt of due amount. The interest will be
calculated on the basis of LIBOR rate (6 months) plus 1.5
percent.
3.
Theo quy nh ti iu khon ny, ngha v ca ngi
bn s bao gm nhng khng hn ch vic xin giy php
XNK, lm th tc thng quan hng ha cho nguyn vt liu,
thit b, tu v cung cp cc chng t cn thit cho vic xin
giy php v lm th tc thng quan
4.
Tt c cc s sch k ton v nhng chng t ti
chnh s c kim tra nh k nu c mt trong hai bn
yu cu. Cc ti khon y c th c kim ton trn c
s hon thnh cng trnh tun theo php lut ca Vietnam
nu c cc nh chc trch yu cu hoc mt bn yu cu
De 9:
1.
Payments of commercial invoiced items shall be
made on or before the 30th day after receipt thereof. If the
30th day falls on a Sunday or an announced public holiday,
the next working day shall be deemed to be the due day for
payment. Payments in respect of disputed items may be
withheld by BUYER until the settlement of the dispute by
mutual agreement. Payments made by BUYER shall not
exclude the right of BUYER to thereafter dispute any of the
items invoiced.
3.
This credit shall be subject to Uniform Customs and
Practice for Documentary Credits, 1993 Revision, ICC
Publication No.500. 20% of the credit shall be available
against the Sellers draft accompanied by invoice; the
remaining 80% shall be available against the Sellers draft
accompanied by the shipping document
4.
Trng hp hng ha b giao chm khng nm trong
trng hp bt kh khng. Tng mc pht s khng qu 5%
tng gi tr hng ha giao chm. Ngi Bn s c hng
khong thi gian min pht l 4 tun tnh t ngy giao hng
trc khi n pht c thi hnh
5.
Vic thanh ton s c coi l c thc hin ch
khi s tin theo hp ng c tr vo ti khon ngn hng
ca Ngi Bn v Ngi bn c ton quyn s dng. Nu
vic thanh ton bt c s tin phi tr no b tr hon
10:
1.The parties understand that importation into Japan requires
inspection of Goods by SGS before shipment from the
SELLERs country. The SELLER agrees to cooperate fully
5.Th tc gii quyt mt cch thin ch s phi tin hnh nh Procedures for an amicable settlement shall be as follow:
sau:
Cc bn phi nht tr vi nhau v ngy v a im cho cuc The parties shall agree a date and place for an amicable
settlement meeting
gp g ny.
Tham d cuc hp ny phi l ngi i din c thm quyn
ca mi bn v mt lut s ca mi bn
11:
1.
CONDITIONS FOR THE CONTRACT
TRANSFERENCE
This Contract is binding upon all organization, individual
who shall become a succeeding Party or the Party transferred
by either Party. Party A is permitted to deliver this contract
only when there is acquiescense by party B's text. For party
A to have contract transmitted, Party A have to notify Party
B at least fifteen working days in advance and fulfill the
payment of all accrued unpaid fees and other accounts
2.
Thi hn chu trch nhim v khuyt tt s c gia
hn thm mt khong thi gian bt k, nu nh trong
khong thi gian c khuyt tt xy ra khinNgi Mua
khng th s dng c hng ho. Tuy nhin, trong trng
hp hng ho mi c chuyn n thay th cho l hng
c khuyt tt th thi hn trch nhim i vi khuyt tt
skhng c tnh li t u cho l hng thay th
12:
1.
Vic giao hng c thc hin theo CIF cng Kobe
(Nht Bn), Incoterms 2010. Ngy giao hng d nh l
ngy 15 thng 10nm 2011. Ri ro v quyn s hu i vi
hng ha s chuyn t ngi bn sang ngi mua ngay khi
giao hng
2.
Trong trng hp hng ha b giao chm khng nm
trong trng hp bt kh khng, vi mi tun giao chm,
Ngi Bn s phi chu khon pht l 0.5% tng gi tr s
hng b giao chm. Bt k phn l no ca mt tun cng s
c tnh l mt tun.
De 13:
1.
For each week of delay, the SELLER shall pay 1% of
the contract price up to a maximum of 10% of the contract
price. The SELLERs total liability for all claims for
damages made against him by the BUYER under this
Contract or otherwise shall not exceed 10% of the Contract
price.
2.
If any one or more of the provisions contained in this
Contract or any document executed in connection herewith
shall be invalid, illegal or unenforceable in any respect under
any applicable law, the validity, legality and enforceability
of the remaining provisions contained herein shall not in any
way be affected thereby
3.
In the event of late delivery: The Manufacturer has to
pay as liquidated damages 2.5% of the sum of performance
bond if the Manufacturer delays 15 working days or more
from the planned time of shipment. If such delay exceeds 30
days, liquidated damages amounting up to 5% of the sum of
performance bond shall be due. In any event, the total
maximum claim during the execution of this contract is
capped at 5% of the sum of the performance bond
4.
Cuc hp din ra trong 3 phin. Phin u tin, mi
bn s trnh by lp trng quan im ca mnh v vn
bt ng. Phin th 2 s a ra cc bin php gii quyt bt
ng y. Phin th 3 cc bn s a ra quyt nh cui cng
5.
Vic thanh ton s c thc hin bng mt th tn
dng khng hy ngang. Th ny tun th theo Quy tc thc
hnh thng nht v tn dng chng t (phin bn nm 1993,
Phng TM QT Paris, Php, n phm s 500) v rng buc
ngn hng pht hnh tun th cc iu kin ca th tn dng
14:
1.In the event of inappropriate or improper use, incorrect
storage, erroneous assembly or start-up by the Buyer or third
parties, natural wear and tear, erroneous or negligent
handling, improper maintenance, use of inappropriate
operating resources, defective construction work, or
chemical, or electrical influences for which Manufacturer is
not responsible, the Buyer is not entitled to claim against
Manufacturer under warranty.
The rice shall be packed in new jute bags of 50kg net each,
about 50.6 kg gross each, hand-sewn at mouth by jute twine
thread suitable for rough handling and sea transport; the
seller shall supply 0.2 % new jute bags free of charges out
number of bags shipped on board
De 15:
2- This Agreement shall be binding upon and serve the
benefits of the Parties hereto and their respective heirs,
successors and shall not voluntarily or by operation of law
assign, transfer, license, or otherwise transfer all of any part
of its right, duties or other interests in this Agreement or the
proceeds thereof
3- In the event of late Delivery for reasons other than force
majeure as defined in this Contract, the SELLER shall pay
as liquidated damages and not as a penalty the sum of 0.1%
of the value of the undelivered part per day of late Delivery
up to a maximum of 10% of the Price payable under Clause
10 below. Payment of liquidated damages shall be due
without the BUYER having to furnish proof of any loss,
damages or injury
5- Ngi hng li c trch nhim kim tra cc iu khon
tn dng mt cch k lng. Trong trng hp ngi hng
li khng nht tr vi nhng iu kin v iu khon hoc
cm thy khng th tun th bt c mt trong nhng iu
kin v iu khon th anh ta chu trch nhim sp xp sa
i th tn dng thng qua i tc hp ng ca anh ta
(chnh l ngi xin m th tn dng)
16
1. Any discrepancies and/ or disputes arising out or in
connection with this contract not settled amicably shall be
referred to Arbitration in accordance with the Rules and
Practices of the International Chamber of Commerce in Paris
or such other places agreed by both sides
Mc d c quy nh nh nu trn, cc bn c th ng
rng bt k vn c th tranh chp c th gii quyt mt
cch nhanh chng nht bi mt chuyn gia. Trong trng
hp , cc Bn s cng chun b v k mt tuyn b v vn
ny c xc nh bi cc chuyn gia trc khi ng v
danh tnh ca cc chuyn gia.
17:
1. Nu vic thanh ton cho hng ha c tin hnh If payment of the goods shall be madeThe buyer shall
bng 1 th tn dng, Ngi mua s m cho Ngi bn establish in favour of the seller through a prime bank of
good international reputation immediately after the
De 19:
20:
1.If one party to this contract causes damages to the other
party, the injured party has the right to recover the cost of
the damages from the party causing the injury. Damage costs
that could be recovered include direct damages, which are
damages that are a direct result of what happened, like
medical costs or property damage, and indirect damages.
Indirect damages are those that are not directly caused by the
other party but that are incurred because the party was
injured
2.Hp ng ngha l bn hp ng ny c phn m u,
phn ph lc cng nh l ton b mi ti liu chng t vn
bn c lit k r rng l vn bn thuc hp ng ny hoc
c cp mt cch r rng trong hp ng ny
21:
1.The goods must be packed in strong wooden case(s) then
in container, suitable for long distance ocean transportation
and change of climate, well protected against moisture and
shocks and roughly portage. The Sellers shall be liable for
any damage of the commodity and expenses incurred on
22:
1. If BUYER fails to pay for the contracted Goods, BUYER
shall pay SELLER liquidated damages but not a penalty
for overdue interest at the rate of the lower of 18% per
annum or the maximum interest rate permitted by the law
of BUYERs country, calculated from the due payment
date until the actual payment date on 360-day-a-year basis
for the actual number of days elapsed
During hand over, if Party A find that any of device does not
comply with technical specification in Annex 2 of this
contract, is a different type, or is defective, the Party A shall
seal the device and give notice of defectto Party B
within24 hours
The goods are delivered Ex-works. The goods travel at the
clients risk and responsibility. Any shortages, damage or
losses must be signaled (noticed) at the momet of collection
by the carrier.
2.