国际贸易课件-成交签约.pptVIP

商品检验 不可抗力 仲裁 争议的预防与处理 商品检验 由第三方出具检验证书 目前，我国一般采用在出口国检验，进口国复验 检验条款包括：检验时间、地点、检验机构、检验证书、检验依据与检验方法、商品的复验等 详见附录6 不可抗力条款（FORCE MAJEURE） 指在买卖合同签定后，不是由于合同当事人的过失或疏忽，而是由于发生了合同当事人不能预见，又无法预防和避免的意外事故，以至不能履行或不能如期履行合同，遭遇意外事故的当事人一方，可以根据合同或法律规定，免除履行合同的责任，或延期履行合同。 详见附录7 仲裁（ARBITRATION） 指当事人双方在发生争议时，根据双方之间的协议，由一定机构以第三者身份，对争议的事实或权利义务关系依法做出裁决，从而解决争议的一种法律制度。 我方应尽量选择本国的仲裁机构，或第三国的仲裁机构 Chapter9 Contract Contract The form and main content Precautions Terms of an effective contract Precautions Drawing up a contract The qualification of signing a contract The consensus must be consistent Responsibility and obligation of both sides Concluding of a contract The form and main content Preamble Body End Terms of an effective contract When the offer is effectively accepted by the other side, the contract is fixed. But to make it legal effective, it must include following terms: 1、Both parties must voluntarily reach an agreement on the terms of contract. 2、Both parties must have the ability of signing a contract 3、The content of the contract must be legal. 4、The contract must have proper consideration and legal offer. The forms of contract also must be consistent with the legal provision. In our country, only the writing form is accepted in signing、altering and rescinding a contract，which includes telegram and telex. The form and main content of a contract The forms of contract also must be consistent with the legal provision. In our country, only the writing form is accepted in signing、altering and rescinding a contract，which includes telegram and telex. Drawing up a contract Generally, those who are in charge of drawing up the contract will have the initiative in hands. During the process of drawing up a contract, they can have careful consideration on every terms of the contract, select proper words that are favorable to themselves, arrange the terms of the contract, and give explanations to relative clauses