『壹』 求英文合同的範本或者實例
Project Contract
Party A: People』s Government of Zibo City, Shandong Province (hereinafter, Party A for short)
Party B: KOHLER CO. (hereinafter, Party B for short)
Under the principle of equality, mutual benefit and common development, and by friendly consultations, Party A agrees that Party B to make investment and construction for the project in the territory under Party A』s control. For the related matters, the two sides reach the following agreements:
First, responsibility and obligation of Party A
1. To provide area of not less than 1,200 Mu of land, among which 700 Mu for the first-stage construction, 500 Mu will be reserved for the second-stage construction (subject to the data mapped by Bureau of Land and Resources).
2. To guarantee the validity of the provided land and the land properties are in line with the state laws and policy requirements. To guarantee the land proceres are complete.
3. To confirm that the relationship between the placement of land and the surrounding villagers has been resolved. To pledge to help adjust the various relationships appeared in the process of the construction and operation for the project.
4. To remove and clean the related factories and fixtures on the target land in time.
5. To be responsible for assisting Party B for site selection and related proceres required by the Planning Commission, the Construction Committee, Environmental Protection, Land, Instry and Commerce, Taxation and other relevant proceres involved in the project.
Second, responsibility and obligation of Party B
1. To invest for the 2.5 million sets/ year of new high-grade sanitary ware project in the Economic and Technological Development Zone, Huantai County of Party A, with a total investment of 96 million US dollars for the first period investment.
2. To acquire land needed for the project by the way of inviting public bidding, public sale or listing.
3. To guarantee that the project agrees with corresponding national policies of the category of encouragement project in the Catalogue of Foreign Investment Instry Guidance.
4. To provide the feasibility study report and related materials to Party A so that Party A can assist to deal with the various proceres.
5. To handle business registration and tax registration proceres in the territory under Party A』s control.
Third, for the issues not referred, the two sides will resolve them through consultations.
Forth, four copies for this agreement. Both parties should sign two copies, and each party should retain two copies. The agreement shall enter into force upon signature.
Person in charge of Party A (signature)
Person in charge of Party B (signature)
March, 2008
『貳』 100f分！！萬分火急，求一份英文二手房買賣合同範本！！謝謝大家
This AGREEMENT is dated the _____ day of _______, 20_____,
by and between
___________________________________________________, a
___________________________________________________,
(corp., general or limited partnership, ind. proprietorship)
having its principal place of business located at
________________________________________________________,
in the State of ___________________________.
(hereinafter called "COMPANY") and _________________________, a
________________________________________________________,
(corp., general or limited partnership, ind. proprietorship)
having its principal place of business located at
_______________________________________________________,
in the State of __________________________ (hereinafter called "REPRESENTATIVE").
WITNESSETH:
1. COMPANY hereby appoints REPRESENTATIVE as a Sales Representative for COMPANY'S procts and REPRESENTATIVE hereby accepts the appointment subject to the terms and conditions set forth in this agreement.
2. REPRESENTATIVE shall faithfully, diligently and to the best of its ability, endeavor to promote and solicit sales of COMPANY'S procts to customers, both existing and prospective (exclusive of House Accounts, as defined below), in the Territory hereafter described in paragraph 3 below.
3. The geographical territory of REPRESENTATIVE shall be as follows:
________________________________________________________
________________________________________________________
______________________________________(herein the "Territory")
4. REPRESENTATIVE shall be the sole and exclusive representative of COMPANY within the Territory for the sale of COMPANY'S procts to the Marine trade, both wholesales and retail without exclusion, unless specifically negotiated with and agreed upon by REPRESENTATIVE in advance of any offer to the market or an actual transaction.
5. REPRESENTATIVE shall be entitled to receive a commission upon all sales of COMPANY'S procts in the Territory whether by REPRESENTATIVE or by direct orders of customers to COMPANY, or otherwise, except that REPRESENTATIVE shall not be entitled to receive a commission on sales to the following existing customers located in the Territory:
________________________________________________________
__________________________________(herein "House Accounts")
6. It shall be the responsibility of REPRESENTATIVE to provide COMPANY with active and continuous sales representation in the Territory by actual in person and / or telephone contact with customers, both existing and prospective (exclusive of House Accounts). REPRESENTATIVE further agrees to maintain proceres and records to assure systematic, repeated and complete sales coverage of the Territory.
7. It shall be the responsibility of COMPANY to provide procts and customer services which are reasonably competitive with those procts and services offered by other sources with respect to quality, price and design concept. Further, it shall be the responsibility of COMPANY to adequately support the sale of its procts with such trade and consumer advertising, and such other promotional assistance as may be substantially equivalent to the standard in the instry.
8. REPRESENTATIVE shall keep COMPANY properly advised and informed as to the general conditions which pertain to or affect the sale of its procts. REPRESENTATIVE agrees to comply with such directives as may be issued by COMPANY to carry out its policies in dealing with the customer trade, provided and insofar as such dire3ctives are not inconsistent with the terms, conditions and understanding of this Agreement. REPRESENTATIVE shall cooperate with COMPANY to the best of its ability in obtaining credit and financial information regarding customers, and in reporting this and other pertinent information to COMPANY and otherwise assisting COMPANY in the orderly processing of orders.
9. COMPANY will keep REPRESENTATIVE informed of all communications between it and its customers; will furnish REPRESENTATIVE with copies of all customer correspondence; and will promptly furnish REPRESENTATIVE with copies of order acknowledgements and customer invoices. COMPANY, at its own expense (including delivery charges), shall furnish REPRESENTATIVE with all necessary sales supplies such as catalogs, price lists, display material and all other sales aids in sufficient quantity to allow REPRESENTATIVE to fully service the Territory.
10. COMPANY shall pay to REPRESENTATIVE a commission of ____________ per cent upon all sales as indicated in Paragraph 5 above. The term "Sales" shall mean delivered shipments of merchandise against orders accepted by COMPANY at invoice prices but not including transportation costs, and less any merchandise returns, credits and allowances granted by COMPANY at its discretion. REPRESENTATIVE shall not be entitled to retain commissions on any sale which results in a forced collection or credit loss to COMPANY.
11. COMPANY shall furnish REPRESENTATIVE with a detailed commission statement once each month. The commissions on sales shall become e and payable on or before the 20th day of the month follwing the month in which the invoices covering such sales shall become e and payable to COMPANY. Past e commissions shall bear interest at 1.5% per month, from the e date until paid.
12. COMPANY shall furnish adequate proct samples to REPRESENTATIVE on memoranm invoice. Title and ownership of such samples shall remain with COMPANY. REPRESENTATIVE shall exercise reasonable care to account for all samples in its possession, for all samples periodically returned to COMPANY, and for all samples disposed of in any other manner. In those cases where samples are expendable or not of significant value, COMPANY hereby waives the requirement of accountability on the part of REPRESENTATIVE. Samples which, in the sole judgement of COMPANY, have significant value must be returned by REPRESENTATIVE or disposed of at a price set by COMPANY, and the proceeds promptly remitted to COMPANY.
13. COMPANY shall apportion the commission on orders originating in one territory and calling for shipment to another territory in such manner as it deems equitable. The COMPANY'S decision shall be final and binding.
14. COMPANY will mail invoice copies to REPRESENTATIVE on a mutually agreed upon regular basis.
15. The term of this Agreement shall begin on the date shown above and continue in full force and effect until or unless a notice of cancellation in writing is sent to either party by the other via Certified Mail with a return receipt requested, on the following schele:
Effective date of termination Notice Required
Years 1 and 2 30 days
Year 3 60 days
After 3 years 90 days
Upon cancellation or termination, commissions shall be payable on all shipments into the Territory.
16. Notwithstanding anything herein stated, the happening of anyone or more of the following contingencies or events shall result in the immediate termination of this agreement with or without notice, coincidentally with the happening of such contingencies or event:
(a) The filing by or against either party to this Agreement of a petition
of bankruptcy.
(b) The discontinuance of the active operation of the business of either
party to this Agreement.
17. REPRESENTATIVE acknowledges and agrees that REPRESENTATIVE is not an employee of COMPANY for any purpose whatsoever, but is an independent contractor. COMPANY is interested only in the results obtained by REPRESENTATIVE, who shall have sole control of the manner and means of performance under this Agreement. COMPANY shall not have the right to require REPRESENTATIVE to do anything which would jeopardize the relationship of independent contractor between COMPANY and REPRESENTATIVE. All expenses and disbursements incurred by REPRESENTATIVE in connection with this Agreement shall be borne wholly and completely by REPRESENTATIVE. REPRESENTATIVE does not have, nor shall REPRESENTATIVE hold itself out as having, any right, power or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon COMPANY, unless COMPANY shall consent thereto in writing. Designation by REPRESENTATIVE as "Sales Agent" or "Sales Agency" shall not expand the limited authority to conct "Sales" activities granted under this Agreement. REPRESENTATIVE shall have the right to appoint and shall be solely responsible for REPRESENTATIVE'S OWN salespersons, employees, agents and representatives, who shall be at REPRESENTATIVE'S own risk, expense and supervision and who shall not have any claim against COMPANY for compensation or reimbursement. Unless expressly permitted in writing, REPRESENTATIVE shall not represent procts which directly compete with the procts of COMPANY ring the existence of this Agreement.
18. REPRESENTATIVE expressly agrees and acknowledges that it is solely responsible for that shall properly account for and pay all unemployment insurance, social security insurance, withholding taxes, or any other taxes or royalties related to REPRESENTATIVE'S services provided hereunder and the compensation it receives therefore.
19. This Agreement is made and executed in the State of ______________________ and shall be construed under the laws thereof.
20. COMPANY represents and warrants that it maintains general liability and procts liability insurance in connection with the manufacture, sale and use of its procts. COMPANY agrees that it shall cause REPRESENTATIVE to be named as an additional insured on all such insurance policies and shall provide REPRESENATIVE with copies or certificates thereof.
21. In any action to enforce, arising out of, or relating in any way to, any of the provisions of this Agreement, the prevailing party shall, in addition to any other relief, be entitled to recover reasonable attorney's fees and costs.
In Witness Whereof, the parties have set their hands and seals the day and year above first written.
COMPANY: REPRESENTATIVE:
________________________ ________________________
By:_____________________ ________________________
Title:____________________ ________________________
Note to users:
Please be aware that recipients of the attached sample agreement may willfully alter the terms of this agreement without properly notifying the sender of changes. You may wish to send read-only copies or require recipients to redline all changes.