9 合同中的固定条款.doc

当我们拿到一份国际商贸合同时, 我们往往会发现其中有几十个, 甚至上百个条款。如果每次都一一的读下来，将十分浪费时间。那么我们怎样才能有效率的读这些各式各样的合同呢？通过本章的学习，你会发现其实在各种合同中总有些条款基本上都是大同小异，如果我们事先对这些条款就比较了解，那么读起合同来，就会觉得省事好多。这些基本上固定的条款有： 1. Identification of parties This Contract is made between [full name of Party A] of [address of Party A], a/an [description and nationality of Party A], and [full name of Party B] of [address of Party B], a/an [description and nationality of Party B]. (This Contract is binding on the parties who sign it, and these parties should be identified in this clause. To ensure that there is no misunderstanding, the full name of each party to the contract should be given. If a party is an entity, the type of entity should be disclosed here. Any question as to whether the entity or the person representing the entity has authority to make the contract should be resolved before the contract is executed. The common practice is to include the address of each party in this provision, although sometimes the addresses are included at the end of the contract with the signatures of the parties. The address given should be the business address for the party. If a party has more than one business address, the address given should be for the registered office or the principal place of business. Unless otherwise specified in the contract, this address is where the party will receive the goods, the payment for the goods, and any notices related to the transaction. In international contracts, the description of each party includes the party’s nationality. 1). This Agreement is made and entered into by and between the government of________(hereinafter called B) represented by________(hereinafter called A) and __________Corporation, a company duly organized and existing under the laws of the Peoples Republic of China with its principal office at___________(hereinafter called C). 本合同由＿＿＿＿＿（下称Ａ）代表＿＿＿＿＿国政府（下称Ｂ）和根据中华人民共和国法律组建的＿＿＿＿＿公司（下称Ｃ）签署，Ｃ主要办公地点在中华人民共和国＿＿＿＿＿＿＿＿。In accordance with the Law of the Peoples Republic of China on Chinese-