外贸函电实务Chapter_Thiteen商业合同.ppt

Chapter Thirteen Business Contracts（商业合同） Thank You! 60 59 61 Lesson 59 Lesson 60 Lesson 61 Introductions A contract is a formal written agreement, which sets forth rights and obligations of the parties concerned. Once entered into, a contract is binding and enforceable by law. Any party who fails to fulfill his obligations must make compensation for the other parties’ losses. In an import and export business, if the seller makes an offer and the buyer accepts that offer, it means a deal. A written contract is usually made. But what is the contract? The second article of China’s Contract Laws (1999) defines the contract as: A contact refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing, that is, between natural persons, legal persons or other organizations”. Steven H. Gifts’ “Law Dictionary” defines the contract to be “contract is a promise, or a set of promises, for breach of which the law gives remedy, or the performance of which the law in some way recognize as a duty.” A contract has a few main elements, including the agreement, the purpose, the intention to establish legal relationship and the ability to perform. 59 Structure of a Contract 1. The Preamble Preamble is the head of the contract, and all of the contracts start with preambles. The preamble clarifies the name of the contract, the contract number, the signing date and place, the concerned parties’ full names, the registered places and contract method, the preface which includes the basic situation of each party, the purposes and the principles of the contract and definition of the addressed terms of the parties involved in the contract. 销售合同 SALES CONTRACT 卖方 编号NO.: SELLER： 日期DATE: 地点SIGNED IN: 买方： BU